DISCLAIMER

PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE


08-0466R


RESOLUTION GRANTING A WATER RESOURCE MANAGEMENT ORDINANCE SPECIAL USE PERMIT AND VARIANCE TO TARGET CORPORATION FOR ITS STORE AT 1902 MILLER TRUNK HIGHWAY.

BY COUNCILOR STAUBER:

     RESOLVED, that the city council finds the following facts:

     (a)  Target Corporation applied for a special use permit pursuant to Duluth City Code Section 51-28 for the redesign of the parking lot at its store at 1902 Miller Trunk Highway. In conjunction with its application for special use permit, Target Corporation also sought a variance pursuant to Duluth City Code Section 51-30 seeking an increase in allowable impervious surface from the existing condition of 79 percent to 85 percent. City Code Section 51-29(e) limits impervious surface to 30 percent;

     (b)  The parking lot redesign was necessitated by the loss of land area to the state of Minnesota pursuant to the state’s power of eminent domain which was acquired for the purposes of roadway expansions;

     (c)  Pursuant to Duluth City Code 51-50 an applicant for a variance must demonstrate the existence of a hardship;

     (d)  Planning department staff recommended to the city planning commission that, if the application were approved, the following conditions be imposed:

           (1)  The project be constructed and maintained in accordance with documents submitted by Westwood Professional Services and titled “Preliminary Plans for Site Modification Plans for Target - Duluth” to include:

                 (A)  Sheet 3 of 11- removals plan dated April 29, 2008, and received on June 6, 2008;

                 (B)  Sheet 4 of 11 - proposed overlay dated April 29, 2008, and received on June 6, 2008;

                 (C)  Sheet 5 of 11 - site plan dated April 29, 2008, and received on June 6, 2008, subject to approval of a height variance from the board of zoning appeals or submitting of a sign that meets the Sign Code requirements;

                 (D)  Sheet 6 of 11 - utility plan dated April 29, 2008, and received on June 6, 2008;

                 (E)  Sheet 7 of 11 - grading, drainage, and erosion control plan dated April 29, 2008, and received on June 6, 2008;

                 (F)  Sheet 8 of 11 - landscape plan dated April 29, 2008, and received on June 6, 2008, subject to the approval by the right-of-way authorities for placement of landscaping in the right-of-way;

                 (G)  Sheet 9 of 11 - irrigation plan dated April 29, 2008, and received on June 6, 2008;

                 (H)  Sheet 10 of 11 - details dated April 29, 2008, and received on June 6, 2008;

                 (I)   Sheet SL1 - photometric plan dated April 28, 2008, and received on June 6, 2008; and

                 (J)  “Preliminary stormwater management report for Target - Duluth” including existing and proposed drainage area maps;

           (2)  The project be granted a variance as allowed in Section 50-143 to construct 610 parking stalls rather than the required 632 stalls;

           (3)  The project be granted a variance as allowed in Section 50-143 to reduce the parking lot landscape setbacks for Mall Drive, Maple Grove Road, and Burning Tree Road as shown on the landscape, grading, and irrigation plans, subject to approval by the right-of-way authorities for placement of landscaping in the right-of-way;

           (4)  The applicant gain approval of the right-of-way authorities for the sidewalk on Maple Grove Road, driveway configurations on Mall Drive and Maple Grove Road, and that the applicant submit revised plan for C-5 approval, if necessary; and

           (5)  Any alterations to the approved plans that do not alter major elements of the plan may be approved by the director of planning and development without further city planning commission or city council action; however, no such administrative approval shall constitute a variance from the provisions of Chapter 50, Article XXIII;

     (e)  After conducting a public hearing, the city planning commission considered Target Corporation’s application for special use permit and variance at its June 10, 2008, regular meeting;

     (f)  The city planning commission unanimously denied the application for special use permit and variance because the commission determined that the proposed storm water plans failed to adequately protect Miller Creek from degradation; and

     (g)  Target Corporation has filed an appeal of the city planning commission denial to the city council pursuant to Duluth City Code Section 51-10(d).

     RESOLVED FURTHER, that the planning commission decision is reversed upon the following grounds:

     (a)  The proposed stormwater plans adequately protect Miller Creek from degradation; and

     (b)  The loss of land through eminent domain constitutes a hardship.

     RESOLVED FURTHER, that Target Corporation’s application for special use permit and variance is approved upon the following terms and conditions:

     (a)  The project be constructed and maintained in accordance with documents submitted by Westwood Professional Services and titled “Preliminary Plans for Site Modification Plans for Target - Duluth”;

     (b)  Sheet 3 of 11 - removals plan dated April 29, 2008, and received on June 6, 2008;

     (c)  Sheet 4 of 11 - proposed overlay dated April 29, 2008, and received on June 6, 2008;

     (d)  Sheet 5 of 11 - site plan dated April 29, 2008, and received on June 6, 2008, subject to approval of a height variance from the board of zoning appeals or submitting of a sign that meets the Sign Code requirements;

     (e)  Sheet 6 of 11 - utility plan dated April 29, 2008, and received on June 6, 2008;

     (f)  Sheet 7 of 11 - grading, drainage, and erosion control plan dated April 29, 2008, and received on June 6, 2008;

     (g)  Sheet 8 of 11 - landscape plan dated April 29, 2008, and received on June 6, 2008, subject to the approval by the right-of-way authorities for placement of landscaping in the right-of-way;

     (h)  Sheet 9 of 11 - irrigation plan dated April 29, 2008, and received on June 6, 2008;

     (i)   Sheet 10 of 11 - details dated April 29, 2008, and received on June 6, 2008;

     (j)   Sheet SL1 - photometric plan dated April 28, 2008, and received on June 6, 2008;

     (k)  “Preliminary stormwater management report for Target - Duluth” including existing and proposed drainage area maps;

     (l)   The project be granted a variance as allowed in Section 50-143 to construct 610 parking stalls rather than the required 632 stalls;

     (m)  The project be granted a variance as allowed in Section 50-143 to reduce the parking lot landscape setbacks for Mall Drive, Maple Grove Road, and Burning Tree Road as shown on the landscape, grading, and irrigation plans, subject to approval by the right-of-way authorities for placement of landscaping in the right-of-way;

     (n)  The applicant gain approval of the right-of-way authorities for the sidewalk on Maple Grove Road, driveway configurations on Mall Drive and Maple Grove Road, and that the applicant submit revised plan for C-5 approval, if necessary; and

     (o)  Any alterations to the approved plans that do not alter major elements of the plan may be approved by the director of planning and development without further city planning commission or city council action; however, no such administrative approval shall constitute a variance from the provisions of Chapter 50, Article XXIII.


COUNCIL REQUEST/PLNG


STATEMENT OF PURPOSE:  This resolution reverses the action of the city planning commission. The city planning commission denied Target Corporation’s application for special use permit and variance at its June 10, 2008, meeting. This resolution also approves target corporation’s application and imposes the terms and conditions recommended by planning department staff.